IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR MISCELLANEOUS FIRST APPEAL NO.9167 OF 2018 (CPC) BETWEEN:
G.Narayanagowda S/o late K.Gopalappa Aged about 57 years R/at No.122, 12th B Main 6th Block, Rajajinagar Bangalore – 560 010.
(By Smt. Monica Patil, Advocate) AND:
1. Smt. Munithayamma W/o late K.Gopalappa Aged about 78 years R/at Kannamangala Village and Post Devanahalli Taluk, Bangalore Rural District.
2. G.Rajanna S/o late K.Gopalappa Aged about 70 years R/at No.2265, 1st Main 4th Cross, R.P.C. Layout Vijayanagar, Bangalore – 560 040.
…Appellant 3. K.G.Ananda S/o late K.Gopalappa Aged about 65 years R/at Kannamangala Village and Post Devanahalli Taluk Bangalore Rural District.
4. K.Palanivelu S/o late S. Kandaswamy Aged about 57 years Residing at No.30/9 R.M.V. Extension Sadashivanagar Bangalore – 560 080.
5. Manish B. Gajria S/o late Bharat R Gajria Aged about 43 years Residing at 403 Shanthinikethan Apartments No.294, 39th Cross 8th Block, Jayanagar Bangalore – 560 070.
6. Girish B Gajria S/o late Bharat R Gajria Aged about 33 years Residing at 403 Shanthinikethan Apartments No.294, 39th Cross 8th Block, Jayanagar Bangalore – 560 070.
7. V.Mohanraj, S/o G.Venkatesh Aged about 53 years Residing at No.201 4th Main Road Chamarajpet Bangalore – 560 018.
…Respondents (By Sri.S.Rajashekar, Advocate for R5 and R6; Notice served on R1 to R4) **** This Miscellaneous First Appeal is filed under Order 43 Rule 1(r) read with Section 151 of CPC, against the order dated 14.08.2018, passed on I.A.No.2/2017 in O.S. No.5474/2012 on the file of the Prl. City Civil and Sessions Judge, Bengaluru [CCH – 44], dismissing the I.A.No.2/2017 filed by the defendants 2 and 3 under Order 39 Rule 1 and 2 of CPC.
This appeal coming on for Orders this day, the Court delivered the following:
JUDGMENT Learned counsel for the appellant and respondents are absent. No representation.
In view of the office note, the appeal does not survive for consideration.
Accordingly, the miscellaneous first appeal is dismissed, as the same has become infructuous.
Sd/- JUDGE SSD